Hamm v. Smith · ¶15

In assessing Smith's intellectual functioning, the District Court also considered a report by the expert who had administered the 1998 test in which Smith scored a 72 with a standard error range of 69 to 75. That expert concluded that Smith's score “places him at the 3rd percentile in comparison to the general population,” and that Smith “ `operates between the Low Average and Mentally Retarded range' ” but “ `at a level closer to those individuals who would be considered mentally retarded.' ” Smith v. Dunn, Civ. Action No. 05–00474 (SD Ala., Aug. 17, 2021), App. to Pet. for Cert. 73a (Pet. App.).

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